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(영문) 서울서부지방법원 2015.03.26 2014노1455
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. As to the summary of the grounds for appeal, the judgment of the court below which acquitted the Defendant of the facts charged, despite the fact that the Defendant, according to the evidence submitted by the prosecutor, stolen the credit card of the victim on September 12, 2013 and presented it as his card and made payment, thereby violating the Specialized Credit Finance Business Act, and obtained pecuniary benefits equivalent to KRW 260,000,000,000.

2. Determination

A. On September 12, 2013, the Defendant: (a) at the victim D’s house located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, and the third floor of the new wall time; (b) by means of the cresh in which the victim was divingd, stolen one credit card of the victim’s IBK Bank; (c) around 03:00 on September 12, 2013, the Defendant calculated the alcohol value of KRW 2.60,00,00,000 from GG clubs located under the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, in calculating the alcohol value of KRW 2.60,00,00 and settled the victim D’s credit card bank as one’s card; and (d) obtained pecuniary benefits equivalent to that amount.

B. The judgment of the court below is reasonable in light of the following: (a) the victim’s statement that corresponds to the above facts charged is inconsistent with the process of returning the credit card and the point of time when the Defendant was used for theft of the credit card; (b) the victim’s statement and E are inconsistent with the victim’s statement as to the part of return of the credit card; (c) whether the victim’s statement and E are based on the victim’s accurate memory; and (d) the victim’s statement in the court below is doubtful whether the victim’s statement in the court below is based on the victim’s accurate memory; and (e) the victim’s statement on the circumstances during which the credit card was used is more natural than the victim

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